1 / 19

Blocking their escape: forced labour and the abolition of the Overseas Domestic Workers visa

Blocking their escape: forced labour and the abolition of the Overseas Domestic Workers visa. Nick Clark Working Lives Research Institute. Migrant domestic workers. 52,000 “domestic personnel” (LFS) ‏ 33,500 employees

questa
Download Presentation

Blocking their escape: forced labour and the abolition of the Overseas Domestic Workers visa

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Blocking their escape: forced labour and the abolition of the Overseas Domestic Workers visa Nick Clark Working Lives Research Institute

  2. Migrant domestic workers • 52,000 “domestic personnel” (LFS)‏ • 33,500 employees • excludes “off the books”, undocumented, staff of contractors/agencies, au pairs (live-in carers?)‏ • 10,100 MDWs admitted on visas (2009)‏ • 6,600 granted visa renewals (2009)‏ • 5% apply for ILR

  3. Overseas Domestic Worker Visa • 18-65 , employed as a domestic worker for min. one year prior to application • travel to UK in company of employer • work full time as a domestic worker only • no recourse to public funds • up to 12 months (renewable)‏ • can change employers • may apply for ILR after 5 years

  4. UK Government positions • Visa: “I am... proposing to remove the route for domestic workers in private households, or reform it... by removing their right to switch employer and to settle here. Their assignments should be strictly temporary” Theresa May • Convention: “both the British government and the CBI spoke against the text (the only two negative speeches in the entire debate). The government… on the spurious grounds that the convention would 'criminalise the elderly' because health and safety regulations (which are part of the criminal law) would have to be extended to cover private homes”TUC Report on ILO Conference

  5. Government assertions • ILO Convention 2011 "The UK already provides comprehensive employment and social protections to domestic workers and we do not consider it appropriate or practical to extend criminal health and safety law, including inspections, to private households employing domestic workers." BIS Spokesman, The Guardian 15-6-11 “like other workers, most domestic workers benefit from the national minimum wage, statutory sick pay, paid annual leave and protection from discrimination and unfair dismissal, as well as other protections.” Ed Davey MP, BIS Minister, Westminster Hall 29-6-11

  6. Government assertions • Employment Related Settlement: • “the National Referral Mechanism (NRM) for identifying victims of trafficking was established [in April 2009], which provides a mechanism for responding to exploitation of overseas domestic workers” • “there is suspicion that the [ODW Visa] route enables people to be brought here to be abused or exploited while on UK soil.” Consultation paper on Employment Related Settlement, UKBA, June 2011

  7. Sources • Responses to Forced Labour in Europe Joseph Rowntree Foundation • Migrant Domestic Workers Employment Rights Nuffield Foundation • JRF Forced Labour programme

  8. Domestic work & forced labour in Europe • ECHR cases: Kawogo (UK) & Siliadin (Fr) • “no charges… brought under section 4 of the Immigration and Asylum (Treatment of Claimants) Act 2004. The reason given was that “essentially they [the Dhanjis] did not commit the cross-border element.”” (ECHR Statement of Facts June 2010) • “carrying out household tasks and looking after children throughout the day could not by themselves constitute working conditions incompatible with human dignity, this being the lot of many mothers” (Versailles Court of Appeal 2003);

  9. Domestic work & forced labour in Europe

  10. Forced labour indicatorsadapted from Scott et al, JRF forthcoming • Deception by employer • Non-payment of wages or illegal deductions • Threats of denunciation • Breaches to, or lack of, contract • Psychological harm • Excessive working hours (>50h week) • Payment below minimum wage • Crowded accommodation • Confinement to the workplace/restrictions on movement

  11. Employment rights in UK • Visa requirements (employed, NMW, statement of terms) • Working time: 48 hours does not apply • Neil Carberry CBI, ref ILO Convention: “The proposed convention would undermine the principle of EU law that an individual should be protected against being forced to work long hours but can choose to work longer if they wish.” • Health & Safety: no inspections of private households • National Minimum Wage: “family worker exception”

  12. Family worker exception • resident in family home of the employer • Not member of that family, but treated as such, • provision of accommodation, meals • sharing of tasks and leisure activities • No deduction or payment to employer for accommodation or meals; • had the work been done by a member of the employer’s family, it would not be treated as being performed under a worker’s contract or as being work...

  13. Family worker exception • “there was sharing of tasks, in particular cooking and clearing up after meals. Otherwise the claimant did the bulk of the work. As regards leisure activities the claimant shared these with the children to some extent.” (extract from Tribunal judgement 2010). • “the fact that during the latter part of her time working for the Respondents in the UK she herself withdrew more and more from spending time with [the family] in our judgement is not relevant” (extract from Tribunal judgement 2010). • “We do not consider that there is any lack of clarity about the way the NMW legislation applies to migrant domestic workers… NMW will be enforced if appropriate.” (E-mail to researchers from National Minimum Wage, Local Compliance dated 4 April 2011).

  14. Statements recovered from UKBA

  15. Hourly pay – UNITE survey Based on reported hours worked

  16. Manufacturing precarity through tax evasion • 16 interviewees mention problems with payslips • “I want to pay tax, because I want to be legal, don’t want to be here illegal. I work here, everyone is paying tax, I should pay the same. That’s why I applied my self-employed. If employer don’t want to pay, I will pay.” [Filipina, Female, 50-59, has ILR] • “I understand what they mean [re part payment in cash] because you know, they don't want to pay extra tax, you know. I have agreed because, you know, there is no choice.” [Filipina, Female, 30-39]

  17. Escape • Kalayaan conclude that NRM not suitable – of 157 cases identified as having been trafficked, 102 chose not to use the NRM, preferring to seek other employment, even on an undocumented basis, because “their overriding need in spite of their experiences was to support their families and pay off debts in their countries of origin” (Lalani, 2011). • “I am legal in this country – you are not the only employer”. Female, Filipina, 30-39. • “Now I am not scared – I was scared but now I understand, I can speak out.” Female, Moroccan, 40-49

  18. “Sometimes I get upset [about low pay and unpaid hours of work], but it is okay because I am waiting for my five years. Then I will be indefinite and then bye-bye” Female, Filipina, 30-39

  19. Conclusions • MDWs experience multiple FL indicators • Not currently protected by visa regime, NMW, WTD or NRM • Most effective redress is capacity to change employers, while staying within the law • Removing visa will not remove the workers, simply their employment rights

More Related